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All orders placed by a customer on the www.spokensolutions.co.uk website are subject to the following terms and conditions. Please read through them carefully and keep a copy for future reference. These terms and conditions and the display of products on our website do not constitute an offer and no contract is made until we have processed your order.

 

Introduction:

These conditions set out the entire basis upon which we provide goods to you. In entering into a contract with us you acknowledge that no representations have been made to you by us except as are stated in these conditions.

This is an important document and affects your rights and obligations. It also includes exclusions and limitations that apply to you. Therefore, you should read these conditions before accepting them and submitting an order to us.

These conditions may not be supplemented, altered or modified unless agreed in writing with us.

 

Definitions:

In these conditions:

The “company” means Spoken Solutions.

The “contract” means the contract between the company and the customer for the sale of equipment or for the provision of services.

The “customer” means the person, firm or organisation with whom the contract is made by the company.

The “equipment” means any equipment, hardware, software or any other goods sold or supplied by the company.

The “services” means the training, assessments, technical visits and consultation visits that are supplied by the company.

 

Conditions:

These terms and conditions of business apply to all contracts of the company to sell or supply equipment and/ or services and shall prevail over any terms put forward by the customer at any time unless the company expressly agrees to them in writing before business between the customer and the company commences.

No conduct by the company shall be deemed to constitute acceptance of any terms put forward by the customer and no concession made or latitude allowed by the company to the customer shall effect the strict rights of the company under the contract.

 

Prices:

Spoken Solutions shall have the right to at any time to withdraw any discount to its normal prices and/or to revise prices to take into account increases in costs including (without limitation) costs of any goods, materials, carriage, labour or overheads, the increase or imposition of any tax, duty or other levy and any variation in exchange rates. The prices payable for the equipment shall be those applicable and current at the time of despatch. Licence fees in respect of software shall be those contained in the company’s price list at the date on which the payment is due. The prices for services shall be at the company’s normal hourly/daily rate.

 

Payment:

Payment must be made at point of ordering products and can be made by most debit/credit card via our secure payment provider.

All debit/credit cardholders are subject to validation checks and authorisation. If the issuer of your payment card refuses to authorise payment to us, we will notify you and we reserve the right not to accept your order. We shall not be held liable for any delay or non-delivery as a result of the issuer of your payment card refusing to authorise payment to us.

Order Confirmation:

All customers placing an order will be provided with order confirmation by email to the email address specified in the order form. Please contact us if you suspect your order confirmation to be incorrect and we will rectify both your order confirmation, and if necessary, your order.

 

Delivery:

Unless otherwise agreed by the company, delivery of equipment will be ex-works. All times or dates given for delivery of equipment or services are only estimates given in good faith and are not conditions of this or any other contract. The company may make and the customer shall accept partial deliveries of equipment ordered. Each delivery shall be considered to be the subject of a separate contract. The customer will accept the equipment even if it is delivered late and late delivery will not entitle the customer to terminate the contract. The customer shall inspect the equipment as soon after the delivery as is reasonably practicable and in any event within 3 working days after delivery. The customer will notify the company in writing of any shortage of supply, deficiency, damage or fault with the equipment within 3 working days. If the customer fails to comply with this clause the company shall not be liable to the customer in respect of any shortage, discrepancy, damage or fault or in respect of any losses or expenses arising there from.

 

Cancellation:

In the event of equipment being returned, the company reserves the right to charge 20% handling/re-stocking charge. The company will require notice should training dates, technical visits or assessment consultations have to be cancelled for any reason to avoid cancellation penalties. The company requires a minimum of 5 working days notice otherwise the charge will be 100% of the cost of the training day, technical visit (charged at a full 6 hour visit) or assessment consultation.

 

Limitation and Liability:

The aggregate liability of the company (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to the buyer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of goods and/ or services.

The company shall not be liable for any costs, claims, damages or expenses arising out of any tortuous act, omission or any breach of contract or statutory duty calculated by reference to profits, incomes, production or accruals/ losses of such profits, income, production or accruals.

 

Confidentiality:

Each party undertakes to the other that it shall keep and procure that its employees and agents shall keep secret and confidential and not disclose to any third party any information or material of a confidential or business nature relating to the other (including information of a commercial value) received or obtained in connection with a contract between the parties unless such information or material is required by law to be disclosed or is in the public domain otherwise than by breach of this condition.

Complaints Procedure:

In the event of a dispute between the customer and the company, should the company request, the customer agrees to submit the dispute in writing. The company will confirm in writing within 48 hours (2 working days) that the complaint has been received. Within 5 working days the customer will receive a response/conclusion.

Terms and Conditions applicable to non-Web purchases

 

 

Payment:

The company reserves the right to withdraw credit facilities at any time. If the trading relationship between the customer and the company is terminated at any time for any reason whatsoever then all sums due by the customer become payable immediately. If credit terms are not agreed then payment for equipment and/or services shall be made in full without any deduction or offset at the time of placing the order. If the customer is unable to pay its debts as they fall due the company should be notified immediately by telephone and/or in writing. The company has the right to invoice the customer up to 14 days prior to any goods being delivered and any training/ assessments and/or technical visits being undertaken. If credit terms have been agreed in writing by the company, payments should be made in full without any deduction or offset within 30 days of the invoice date unless otherwise agreed in writing by the company. Payment of invoices (including training), should be paid within the timescales stated, NOT on completion of training. All payments to be made to Spoken Solutions Limited and sent to: Spoken Solutions Ltd, Enterprise House, Old London Road, Hickstead, West Sussex, RH17 5LZ.

 

Interest/ Penalties:

ailure to pay the invoice within the timescale stated on the invoice will result in a late payment penalty. Compound interest of no less than 2% of the original invoice value including VAT and an administration fee of £10 per month plus VAT shall continue to accrue until payment is received in full. If any cheque is presented in payment of an invoice by the customer and is returned unpaid by the customer’s bank or if any agreed standing order to direct debit arrangement shall fail to operate then the customer shall in addition to all sums payable under the contract pay to the company the sum of £20 for each such event or such greater sum as shall represent the cost incurred by the company by reason of such dishonour or failure as aforesaid. If at any time whatsoever it is the customer’s intention to assign its debts to an associated company of the customer or to a third party, the customer shall notify the company without delay. Any costs (including lawyers fees and expenses) incurred by the company in recovering funds from, or otherwise enforcing any of its rights against the customer, whether within or outside the United Kingdom, shall be fully reimbursed to the company by the customer, and the customer agrees fully to indemnify the company in respect of any such costs or expenses.

 

Orders/ Quotations:

All quotations are valid for 21 days from the quotation date unless otherwise stated. It is the responsibility of the customer to validate the prices on the quotation when past the expiry date.

The company shall accept no order unless first confirmed by the customer in writing, email or facsimile.

Technical support contracts (for software) commence on the first day of training and expire 365 days later. The company reserves the right to determine the commencement/expiry period of a renewed support agreement. Technical support contracts (for hardware) commence on receipt of the goods and expire in accordance with the manufacturers policies (normally 1 year later) unless otherwise stated by either the company or product manufacturer.

 

Retention of Title:

The customer agrees that the equipment shall remain the property of the company until payment in full has been made for all sums payable to the company (including those sums which have not yet fallen due for payment) under all contracts between the company and the customer. The customer may sell on equipment property of the company and may appropriate it to a contract of sale and deliver it to a third party, but only when the company is satisfied that the customer’s agreement of sale to the third party is made and bona fide and in the ordinary course of business; the customer, under the agreement for sale retains the title in equipment until it has been paid for in full by the third party and the customer has complied with all of it’s obligations (including payment) under all its contracts with the company. If at the time or agreement of sale, appropriation, delivery or one of such circumstances are not satisfied, then the customer has no right to sell such equipment, or to appropriate it to a contract for sale or deliver it to a third party.

 

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